Troutman Sanders

JULY 23, 2021

Forster & Garbus LLP , a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection Practices Act (FDCPA) case. In Klein v. In its holding, the court emphasized that, pursuant to the holding in Avila v.

Judgment 52

Judgment Debt collector Accrued Interest Fair Debt Collection 52

Consumer Financial Services Law

AUGUST 27, 2019

The mortgage company additionally sent a Right to Cure directly to the Kirbys which contained a bankruptcy disclaimer. The bankruptcy court disagreed and granted summary judgment in favor of the mortgage company.

Bankruptcy 40

Bankruptcy Judgment Foreclosure Debtor 40

Troutman Sanders

OCTOBER 12, 2023

The Middle District of Tennessee denied a defendant’s summary judgment motion in a Telephone Consumer Protection Act (TCPA) case, clearing the way for a lawsuit claiming that the defendant was secondarily liable under an agency theory for calls made by a third-party call service even though a principal-agent relationship was disclaimed by contract.

Judgment 52

Judgment Government 52

Jimerson Firm

JANUARY 23, 2023

Limitation of Liability and Disclaimer of Warranties The credit agreement should include provisions addressing warranties. The Uniform Commercial Code (UCC) includes requirements for such a disclaimer of warranties to be effective. can be taken.

Construction 52

Construction Manufacturing Bankruptcy Judgment 52

FFGN COLLECT NY

JUNE 2, 2022

The concern in the state is that sometimes when consumers are sued judgments are wrongly entered for invalid debts. The result of letting it go led to default judgments. Although some of these default judgments were valid, many were not.

Lawyers 52

Lawyers Collections Law Firms Judgment 52

Consumer Financial Services Law

MARCH 23, 2021

District Court for the Eastern District of New York recently denied cross-motions for summary judgment on a debtor’s claim that a law firm’s validation notice constituted a meaningful attorney involvement violation of the FDCPA. By: Landon G. Van Winkle The U.S. Solovyova v. Grossman & Karaszewski PLLC , No. 19-CV-2996, 2021 U.S.

Law Firms 40

Law Firms Debtor Judgment Debt collector 40

PBWT

NOVEMBER 15, 2020

In 2015, Defendants brought a motion for summary judgment under section 546(e), arguing that the transfers were protected by the safe harbor. The court thus granted the motion for summary judgment. The Note Purchase Agreement also expressly disclaimed an agency relationship. It then appealed to the Sixth Circuit. 3d 66 (2d Cir.

Bankruptcy 104

Bankruptcy Financial Institution Debtor Judgment 104